Part 629s – Smith Robertson Genealogy – 1798 Benjamin D’Harriette Smith and Gavin Smith - St. George’s, Grenada

22 January 2012

Good Day,

The search for the origins and ancestry of my ggg-grandfather James Smith continues.

The next Document from the Grenada Registers of Records span a time frame from 1798 to and about 1802. It is an Indenture of Agreement regarding a Lot of Land in the Town of St. George’s between Benjamin D’Harriette Smith and James Park and Robert Ker. The dimensions and layout of the property is pretty well spelled out in the Document and is contingent on the surveyed product of Gavin Smith.

Two Smiths, but no hint or clue as to any connection or relationship to ggg-grandfather James.

Here are the images of the Pages 462 through and including 465 from the Grenada Registers of Records and downloaded from Item 3 of the microfilm FHL [1563378].


My Transcription –


462

Exam

Grenada

Entered 30th June 1802

Articles of Agreement indented had made concluded and agreed upon this fourth day of April in the year of Our Lord One thousand seven hundred and ninety eight Between Benjamin D’Harriette Smith of the Island of Grenada Merchant and James Park at present in the Kingdom of Ireland Merchant by his Attorney thesaid Benjamin D’ Harriette Smith of the one part and Robert Ker of the said Island of Grenada Merchant of the other Part as follows Vizt First of all the said Benjamin D’Harriette Smith and James Park for and in consideration of the sum of four thousand Pounds Current Money of the said Island of Grenada to be paid as hereinafter is mentioned do hereby for themselves their Heirs Executors and Administrators and every of them covenant with thesaid Robert Ker his Executors and Administrators and every of them by these Presents That they the said Benjamin D’Harriette Smith and James Park their Heirs and A∫signs (and all and every other Person and Persons whatsoever claiming or to claim any Right Title or Interest under them or any other Person or Persons whatsoever of in or to the Premises hereafter mentioned) shall and will at the proper Costs and Charges of the said Robert Ker his Heirs and A∫signs on or before the first day of September next by such Conveyances A∫surances Ways and Means in the Law as he the said Robert Ker his Heirs or A∫signs or his or their Counsel learned in the Law shall reasonably devise advise or require well and sufficiently grant sell release convey and a∫sure to the said Robert Ker and his Heirs or to whom he or they shall appoint or direct All that Lot of Land situate in that part of the Town of Saint George commonly called the Carnage beginning as delineated on a Diagram thereof hereunto annexed and referred to at A and running South thirty Degrees East sixty five feet to B from thence South forty seven Degrees and a half eighty five feet to C the boundary line of the Harbour and then along the said Line of

the

463

The Harbour North thirty seven degrees and forty four Minutes East fifty seven feet six inches to Pile N. 5 then North twenty five Degrees and three quarters East twenty feet five inches to D and then North forty two degrees West ninety one feet to E then South forty eight Degrees West fifty two feet to F then North forty two West forty four feet to G then South forty four Degrees and one quarter West eleven feet to A the Place of beginning being bounded on the South and West by Land of Me∫sieurs Robert and Alexander Campbell on the South and East by the Harbour on the North and East by Land of Mr. Domingo Commi∫song and on the North and West partly by Land of Me∫sieurs Park and Smith a common Pa∫sage and Scott Street (Together with all the Buildings therein or on any part thereof erected) to by the said Diagram and fully appear Hath Covenants therein to be contained that the said Lot of Land and Buildings and Premises at the terms of such Conveyances is free from all Incumbrances and Demands whatsoever and all other fit and reasonable Covenants Secondly Thesaid Robert Ker in Consideration of the of the Premises for himself his Heirs Executors Administrators and A∫signs doth covenant to and with thesaid Benjamin D’Harriette Smith and James Park their Heirs Executors Administrators and A∫signs by these Presents that he the said Robert Ker his Heirs Executors and Administrators or some or one of them shall and will well and truly pay or cause to be paid to the said Benjamin D’Harriette Smith and James Part their Heirs Executors Administrators or A∫signs the aforesaid sum of four thousand Pounds Current Money of Grenada aforesaid in manner and form following that is to say the sums of One thousand three hundred and twenty Pounds like Current Money part thereof on the first day of August next the further sum of One thousand Pounds Pounds like Current Money the Part thereof on the first day of May which will be in the year of Our Lord One thousand seven hundred and ninety nine the further sum of One thousand Pounds like Current Money the first thereof on the first day of May which will be in the Year of Our Lord One thousand eight hundred and the remaining sum of six hundred and eight pounds like Current Money on the first day of May which will be in the year of Our Lord One thousand eight hundred and one making in the whole aforesaid sum of four thousand Pounds Current Money aforesaid without Interest Thirdly, It is hereby mutually agreed upon by and between the Parties to these Presents That in the Conveyance of the Land and Buildings hereby agreed upon and hereafter to be made there shall be _____ for the mutual use of the said Parties a common Pa∫sage of twelve feet as delineated in the Diagram before mentioned beginning from the Corner of the said Robert Ker’s House straight through to the Street Landing to Scott Street aforesaid Fourthly The Said Robert Ker (for himself his Heirs Executors and Administrators doth hereby covenant promise grant and agree to and with the said Benjamin D’Harriette Smith and James Park their Heirs and A∫signs That in their making and executing such Conveyance and A∫surance of the Premises and Buildings to him at the terms hereinbefore) mentioned for that purpose He the said Robert Ker shall and will in and form of Law seal and execute to thesaid Benjamin D’Harriette Smith and James Park their Executors Administrators or A∫signs

or 

464

Or to such Persons as they shall appoint a Mortgage or Security of all the said intended to be conveyed Premises and Buildings as aforesaid for the Term of One thousand Years or some long Term of Years for the securing to them the Payment of thesaid sum of four thousand Pounds Current Money aforesaid without Interest at the several and respective times and in manner hereinbefore particularly set forth Fifthly and Lastly – For the true and faithful performances of all and every the Covenants and Agreements aforesaid in these Presents contained each of the Parties here to doth hereby bind themselves their Heirs Executors Administrators and A∫signs respectively unto the other party their Heirs Executors Administrators and A∫signs in the Final sum of One thousand Pounds Current Money of the Island of Grenada aforesaid In Witne∫s whereof thesaid Parties to these Presents have hereunto Interchangeably submitted and set their Hands and Seals the Day and Year first above within written

Benja: D. Smith ( L S )
James Park his Atty ( L S )
Benja: D. Smith
Robert Ker ( L S )

Sealed and Delivered in the presence of

Walter Stott Jas Ro∫s

Saint George’s Grenada 19th April 1799. Received from Robert Kerr Esquire the sum of One thousand three hundred and twenty Pounds Currency being the first Installment due by the within written Agreement on the first day of August last

James Park by his Attorney
Benja: D. Smith
Benja: D. Smith

Witne∫s Jams Ro∫s

Grenada 3d Feby 1801 Recd. from Robert Ker – Ker Hy’s Bill of Exa. of this date on Hopkirk, Cunningham & Co. Glasgow 90 a/s for Two Hundred Pounds Sterling Exchange One hundred & Eighty two and one half _____ Cent

B. D. Smith

Grenada

Acknowledged before me by the above named Benjamin D’Harriette Smith and Robert Ker two of the Parties to the within Indenture of Agreement as and for their respective free and voluntary Act and Deed and also by thesaid Benjamin D’Harriette Smith as the Attorney in the name of and as and for the free and voluntary Act and Deed of James Park the other Party to the said Indenture this 28th June 1802

GH Horsley
Dept Register

465


Diagram of a lott of Land situate in that part of the town of St. George commonly called the Carenage beginning at A and running South thirty degrees east sixty five feet to B from thence South forty seven degrees and a half eighty five feet to C the Boundary line of the Harbour and then along the said line of the Harbour North thirty seven degrees and forty four minutes east fifty seven feet six inches to Pile N.5 then North twenty five Degrees and three quarters east twenty feet five Inches to D and then North forty two degrees West ninety one feet to E then South forty eight degrees West fifty two feet to F then North forty two west forty four to G then south forty four degrees and one greater West eleven feet to A the place of beginning being bounded on the South and West by Land of Me∫srs Robert and Alexr. Campbell on the South and East by the Harbour on the the North and East by Land of Mr. Dominngo Commi∫siong and on the North and west partly by land of Me∫srs Park and Smith a common pa∫sage and Scott Street as the Diagram more particularly represents Surveyed at the request of Robert Ker esquire March 1798.

Gavin Smith
S. L.?


I won’t give up. On to the next Document.

Enjoy,

Jim

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